Section 362 in The Code of Criminal Procedure, 1973
362. Court not to alter judgment.
- Save as otherwise provided by this Code
even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... power under Section 482 Cr.P.C., no interference is
required by this Court on such technical grounds. The provisions of
Section 362
Section 362 in The Indian Penal Code, 1860
362. Abduction.—
Whoever by force compels, or by any deceitful means induces, any person to go from
with the aid or under the cloak of Section 482 of
the Code.
10. Section 362 of the Code mandates that no court, when ... under Section 482 of
the Code had been finally disposed of by the High Court on
7-1-1999. The new Section 362
362 Cr.P.C. which corresponds to Section 369 of the old Cr.P.C . Section 362 , Cr.P.C. reads as under:--
" Section ... Section 362, Cr. P.C. and Section 482, Cr. P.C. He submits that under Section 362, Cr. P.C. review or alteration is prohibited
change in circumstances, by using inherent powers
under Section 482 express bar under Section 362 can be got
over. Learned Single Judge in Sabu George ... invocation of the powers afresh under Section 482
Cr.P.C. notwithstanding the bar under Section 362
Cr.P.C. In the instant case
there is a specific provision in the said Section 369 of 1898 Code corresponding to Section 362 of the new Code quoted hereinabove. In other ... Dismissal for default not being a decision on merits, Section 369 corresponding to new Section 362 will not be a bar.
10. In re Wasudev
guilty and
conviction to a deemed acquittal under Section 320(8). The language of
Section 362 Cr.P.C. which I extract below, makes ... invocation of the powers
afresh under Section 482 Cr.P.C. notwithstanding the bar under Section
362 Cr.P.C. In the instant case
exercised
with the aid or under the cloak of Section 482
of the Code. Section 362 CrPC has extended
the bar of review not only ... also
to the final orders other than the judgment.
11
12
Section 362 is based on an acknowledged
principal of law that once a matter
himself, Bhagwati & Imam, JJ. has clarified that judgment in Section 369 (read Section 362 of the new Code) would mean the judgment ... under Section 561A (read Section 482 of the New Code) is only vested with the High Court. In the hew Code Section 362 debars even